The Bomby High Court had seen the gesture of saving the life of his sister in law, whom he had hit in rage, as a humanitarian one and booked him under a milder case.

Shivaji Kadke (21), hailing from Latur was charged for murder by the police but the trial court has reduced the charges to a case of culpable homicide not amounting to muder, Section 304 part I of the IPC. He received 10 years of imprisonment for his violent act. However, at the Bombay High court, Justice A V Podtar, Aurangabad bench has reduced the verdict to a 5 year imprisonment that he reacted violently but did not intend to kill Laxmi, his sister in law. The now prevailing charge has come down to section 304 part II of the IPC.

After attacking his sister in law fuelled by rage, Kadke had made valiant efforts to save Laxmi. Though he couldn't succeed his efforts were remarkable and the fact that he did not intend to kill her became more obvious. Though the accused knew that he could inlflict bodily injury he is guilty but considering the events that occurred in all the circumstances, it cannot be inferred that Kadke had intentions of a murder or even that his acts could kill Laxmi. This decision was taken by the court after seeing that Kadke had no criminal antecedents.

The incident happened almost 2 years ago on th 5th August, 2010. After a quarrel, Kadke inflicted a blow on Laxmi with an iron rod. Immediately realizing his mistake he had rushed to the hospital with her claiming that she fell down the roof. The postmortem investigations revealed the true cause of the death. Kadke later confessed to his brother of his misdoings and was charged with murder.

AW Anil